Well Prasad sir,
Courts cannot compel her "Agreed" but the court also cannot break a family because a women wants to break it???
anyway legally if she requests the court will they Direct a person to have a DNA test ?? if yes then during the ND Tiwari arguments the son produced the below proof's to allow the courts for a DNA test to prove ND Tiwari is the biological father.
"Rohit Shekhar son of ND Tiwari also relies upon copies of several photographs ﬁled along with the suit and even subsequently. In support of the submission that Ujjawala Sharma and B.P. Sharma were estranged and subsequently their marriage was dissolved, reliance is placed upon the pleadings in the divorce proceedings. It is submitted that the said Court document established that the husband and wife 3/28 were estranged and living separately since 1970 "
here in the wife's case the son was born during the valid marriage period and husband and wife's relationship is not estranged like in ND Tiwari's case,and above all as per the law she also needs to report the actual father name before 280 days after the kid was born. so keeping all this in mind the courts can rule in husbands favour stating that
"the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA is eminently needed. DNA in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspects including presumption under Section 112 of the Evidence Act; pros and cons of such order and the test of `eminent need' whether it is not possible for the court to reach the truth without use of such test "
with the above statements how likely that the court can order a DNA test as the marriage is still valid during the conception ?